Modification of a Court Order
Modification of Child
Custody and Visitation
The parent who has the right to designate the primary
residence of the children, the visitation, and the other
various parental rights may be changed if there is
significant change in the circumstances of either of the
parents or the child(ren). However, the decision of
whether or not to make any changes to the order is up to
the court. Significant changes in circumstances can
include but are certainly not limited to, a parent
engaging in bad or illegal behavior such as using drugs or
committing crimes, becoming less attentive to the child in
some documentable manner, becoming oppositional or the
parents are unable to reach decisions, changes in the
distance between the parties, and remarriages or changes
in the children’s living circumstances.
Modification of Child
Support
A child support obligor, the parent who pays child
support, can seek to reduce child support payments if he
or she loses their job or is forced to take pay cut.
Alternatively, a child support obligee, the parent who
receives child support, can seek to increase child support
payments if the obligor (payor)’s income increases.
Other Types of
Modifications
There are other provisions in an order that can be
modified. If you have questions regarding whether or not a
provision in a prior order can be modified contact the
Stanley Law Office today. For example, if a prior court
order ordered that one spouse make some type of payment to
the other (as some form of spousal maintenance) that can
sometimes be reduced, depending on the order, if a party's
circumstances have changed. Attorneys analyze each
situation while considering all the various factors, which
is a reason to contact an experienced family law attorney
to discuss your case.